Agenda item

Report of the Director of Early Intervention and Support (enclosed)

The Director of Early Intervention and Support submitted a report advising members of the Licensing and Public Safety Committee to consider the proposed review of the Scheme of Delegation for licensing functions.

The current Scheme of Delegation was agreed in March 2009 with minor amendments made in 2015. Members of the Licensing and Public Safety Committee requested that the current scheme was reviewed and the amendments put before them for consideration following a number of cases being bought before the General Licensing Sub-Committee where a Director decision in consultation with the Chair was considered a more appropriate approach.

The first proposal included the addition of non-standard conditions on driver licences following consultation with the Council’s Medical expert. Therefore any decision delegated to officers would comply with qualified medical advice to the council. As a result, it was agreed that officers had authority to grant or renew or revoke and re-grant Private Hire or Hackney Carriage Driver Licences where there was clear direction from the medical expert, with the requirement for consultation with the Chair or Vice-Chair removed.

The second proposal related to the grant of exemptions on medical grounds, for example dog allergies, under Equality legislation following referral for consideration where criteria is met, and refuse where criteria is not met. This constitutes a decision that must be made with high regard to equality legislation, it was agreed that the requirement for prior consultation with Chair or Vice Chair be removed.

The third proposal recommended that the power currently delegated to the licensing officer to suspend a Private Hire or Hackney Carriage Driver Licence for periods not exceeding 14 days be amended to a period not exceeding 28 days to provide a safety net for the Council. Members were informed that 28 days was an appropriate timeframe and would result in reduced member involvement whereas 14 days was not a feasible time period to enable a report to be brought back to committee.

The proposal was amended at Committee following discussion and agreed that this would not be in consultation with the Chair and Vice-Chair for any period up to 28 days and if for a period for longer than 28 days in consultation with Chair or Vice-Chair where reasonably practicable. Although highly unusual for circumstances to arise where this power need to be exercised (all suspensions of driver licences with immediate effect have so far been made under the delegation to the relevant Director), members were informed that it was an essential requirement nonetheless for unusual situations where it was not possible for the Director to exercise the power e.g. at night time on the rank itself.

The current wording of paragraph 2.6 of the relevant section of the constitution was discussed in that it currently relates to both driver and vehicle licences. Therefore, the current position does not allow an Officer to suspend a vehicle licence, following an inspection, without consulting the Chair/ Vice Chair. This is impractical. Therefore it was proposed to separate the delegations to allow more flexibility and efficient use of the legislation by officers in regard to vehicle licences.

Following discussion on the second part of paragraph 2.16 of the relevant section of the constitution, members agreed that the need for consultation with the Chair/Vice Chair was contrary to providing an efficient response to applicants by Officers carrying out vehicle inspections. It was agreed that where a vehicle cannot be licenced as it does not meet the Council’s agreed vehicle condition then the director is delegated with the authority to refuse the application.

In relation to paragraph 2.12 of the relevant section of the constitution, members agreed that in addition, where a vehicle meets the Council’s conditions in the main but there is a requirement for some discretion in granting of an application in the individual case, then this authority is also delegated to the Director without need for consultation on each matter with the Chair/Vice Chair.

The fourth proposal delegated authority to determine applications from qualifying alcohol licensed premises for up to an additional 2 category C-D gaming machines in consultation with Chair or Vice-Chair, where no objections have been received. This would mitigate incidents where recent applications have been taken to Sub-Committee where a big committee discussion was not required, therefore wasting committee time when deemed appropriate for officers to decide.

Members welcomed the more streamlined process and inclusion of summary tables in the relevant licensing policies as a guide to the delegations and common issues as easily digestible and transparent therefore simplifying the way decision-making is constituted.

With regards to paragraph 13 within the report members agreed that if and when relevant amendments to draft regulations come into force to request that the Executive Cabinet consider that functions under the Scrap Metal Dealers Act 2013 be delegated by Full Council to Licensing & Public Safety Committee rather than the Executive as it was felt more appropriate that scrap metal licensing be a council function.

After careful consideration, members of the Licensing and Public Safety Committee RESOLVED; to recommend to Full Council that it authorises the Head of Legal, Democratic and HR Services to amend the current scheme of delegation in the Constitution to allow the following decisions to be made by the relevant Director (except in relation to paragraph c):

a)    Grant (or in the case of an existing licence) revoke and immediately re-grant a Private Hire or Hackney Carriage Driver Licence with the addition of non-standard conditions following consultation with and recommendations from the Council’s Medical expert;

b)   Grant exemption on medical grounds under Equality legislation following referral for consideration where criteria is met, refuse where criteria is not met (2.16 of the constitution); i.e. requirement currently in Constitution for prior consultation with Chair or Vice-Chair is removed;

c)    The power currently delegated to the Licensing Officer to suspend a private hire driver licence or hackney carriage driver licence for periods not exceeding 14 days (2.6 of the Constitution) is amended to a period not exceeding 28 days and if longer only after consultation with Chair or Vice-Chair unless consultation is not reasonably practicable and a report is submitted to the next meeting of the General Licensing Sub-Committee;

d)   Authority to determine applications from qualifying alcohol licensed premises (i.e. holding a premises licence or club premises certificate) for up to an additional 2 category C-D gaming machines, where no objections have been received.

In addition, the Licensing and Public Safety Committee reviewed the existing Constitution and made suggestions to Full Council for the additional amendments:

e)    Authority to the relevant Director for refusal to grant and refusal to renew a Private Hire and Hackney Carriage Vehicle Licenses where the Council’s vehicle conditions are not met, by amending paragraph 2.16 of the constitution and removing the requirement to consult with the Chair/Vice Chair

f)       And, amend paragraph 2.12 of the constitution to include, where a vehicle meets the Council’s conditions in the main but there is a requirement for some discretion in granting of an application in the individual case, then this authority is also delegated to the Director without need for consultation on each matter with the Chair/Vice Chair.

Furthermore, members RESOLVED;

1. that if and when relevant draft Regulations come into force allowing the Council to choose whether scrap metal licensing should be a council or executive function that the Executive Cabinet be requested to consider recommending to Council that the Scrap Metal Dealers Act 2013 be considered a council function and delegated to Licensing & Public Safety Committee.

2. to include the amended summary tables in the relevant licensing policies as a guide to the delegations and common decisions